>> WE DON’T NEED PERMISSION TO NOLLE PROS. IT’S LIKE IN ’THE MATRIX’. THERE IS NO SPOON. WE JUST HAND SOMETHING AND IT IS. THE STATE’S HIGHEST COURT AGREEING WITH THE SUFFOLK D.A., MINUS THE MOVIE REFERENCE. DISMISSING THE CASE OF A STRAIGHT PRIDE PROTESTOR. WHICH PROSECUTORS, TRIED TO DO LAST WEEK. THEIR ATTEMPT THWARTED BY BOSTON MUNICIPAL COURT JUDGE RICHARD SIN-IT. WHO CAME DOWN HARD ON PROTESTORS, ABOVE AND BEYOND, THE REQUESTS OF THE GOVERNMENT. BUT AT A PRESS CONFERENC MONDAY, D-A RACHEL ROLLINS SAYS SHE WAS ELECTED TO FOCUS ON SERIOUS CRIMES. AND DIDN’T MINCE WORDS. >> THIS WAS A COLOSSAL WASTE OF TIME. NO ONE JUDGE GETS TO IMPOSE THEIR OPINION OVER WHAT THE COMMONWEALTH, OR THE PEOPLE OF SUFFOLK COUNTY, WANT. >> THE COURT DISMISSED THE CASE OF ROD WEBBER. ONE OF 10-15 NON-VIOLENT CASES THE D.A. SAYS, THEY NEVER WANTED TO PROSECUTE IN THE FIRST PLACE. >> THE JUDGE JUMPING OVER THE BENCH LIKE THAT IS HIM BECOMING JUDGE, JURY, AND EXECUTIONER. YOU CAN’T DO THAT. >> BUT THE POLICE UNION, SAYS PROTESTORS SHOULD’VE BEEN PROSECUTED TO THE FULLEST EXTENT. BOSTON POLICE OFFICERS ARE NOT HAPPY IT ONLY PUTS POLICE OFFICERS IN MORE DANGER AND IT’S INSULTING. ROLLINS POINTS OUT SHE IS PROSECUTING EIGHT OF THOSE CHARGED WITH ASSAULTING POLICE OFFICERS. BUT SAYS IT’S NOT HER JOB, TO PANDER TO POLICE >> WHETHER THERE’S AN ALL-TIME LOW OF MORALE, I DON’T THINK I SHOULD BE BLAMED FOR THAT. THEY ARE TAKING A RISK EVERY DAY WHEN THEY DO THEIR JOB. I RESPECT AND HONOR THAT. BUT MY JOB IS NOT TO BE THEIR FRIEND. >> ROLLINS SAYS SHE’S VIEWED VIDEO, WHERE POLICE USE OF FORCE WAS QUESTIONABLE THAT DAY. BUT SHE WOULDN’T SAY WHETHER OR NOT IT’S SOMETHING, SHE’S INVESTIGATING. LIVE IN BOSTON, ADAM BAGNI, WCVB, NEWSCENTER 5.

Massachusetts' highest court gave Suffolk District Attorney Rachael Rollins a win Monday by supporting her in a dispute with a judge over charges against several counterprotesters who were arrested during a "straight pride" parade in the city on Labor Day weekend. Judge Richard Sinnott had refused to accept the Commonwealth's request not to prosecute a defendant in one case and held their attorney in contempt of court for arguing case law in support of the state's position. Attorney Susan Church was handcuffed and sat in a jail cell for hours.In Monday's decision, however, Supreme Judicial Court Justice Frank Gaziano wrote that Sinnott had "no authority to 'deny' the Commonweath's entry of a nolle prosequi."Rollins argued last week that Sinnott had overstepped his constitutional authority in refusing her request to drop charges against some counterprotesters charged with minor infractions like disorderly conduct. Gaziano, on behalf of the SJC, agreed. "Here, the prosecutor, in the exercise of her constitutionally-guaranteed discretion, decided that the public's interests would best be served by dropping the charge of disorderly conduct against the defendant. Such a decision, in which a prosecutor decides how to allocate her limited resources, is made countless times every day in courthouses throughout the commonwealth. The entry of a nolle prosequi in this case hardly qualifies as a 'scandalous abuse of authority' warranting judicial intervention," Gaziano wrote. The Suffolk County District Attorney's Office had asked for the dismissal of disorderly conduct and resisting arrest charges against some defendants in exchange for community service, but Sinnott denied the requests in several instances.Rollins said Sinnott overstepped his role and promised to pursue other legal remedies to get the charges dropped."By compelling arraignment in every case, the judge punished the exercise of individuals' First Amendment right to protest," she said in a statement late Tuesday. "For those people now tangled in the criminal justice system for exercising their right to free speech -- many of whom had no prior criminal record -- I will use the legal process to remedy the judge's overstepping of his role." Last week, Sinnott declined to comment on the dispute. The court spat is the latest tussle between Boston's liberal prosecutor and the state's judicial and law enforcement community.Shortly after being elected in November, Rollins, a Democrat, listed 15 nonviolent offenses her office would no longer prosecute, including drug possession, shoplifting and trespassing, because they lead to high incarceration rates among minorities.The memo drew criticism from Republican Gov. Charlie Baker's administration, which said the approach could undermine efforts to address the national opioid epidemic and put some crime victims at risk.Rollins also joined advocates for immigrants and another Massachusetts district attorney in successfully suing to prevent federal immigration agents from carrying out civil arrests in state courthouses.All told, 36 people were arrested following the controversial parade, which was organized by a group calling itself "Super Happy Fun America" as a counterpoint to gay pride festivals.The mile-long parade drew a few hundred participants and hundreds more counterprotesters. It featured floats supporting President Donald Trump and prominent gay conservative Milo Yiannopoulos as parade grand marshal.The Boston Police Patrolmen's Association said some demonstrators assaulted officers and at least one person threw urine at them. Four officers are injured and off-the-job following the rally and parade, according to the union."Boston police officers are not happy," said Larry Calderone, the vice president of the union, in response to the high court's ruling. "It only puts police officers in more danger and it's insulting."Rollins stressed that she is still pursuing charges against others facing for more serious offenses, including eight people who have assaulted police officers.Some protesters claimed the police were too aggressive, as one man claimed he was put in a chokehold. Boston Police Commissioner William Gross released a statement Monday regarding the arrests."While much has been made about the actions taken by my officers during the Straight Pride Parade, let me say without hesitation that I could not be more proud or impressed with the high levels of restraint and professionalism displayed by my officers tasked with safeguarding and protecting all who either attended, participated or protested at the parade," part of the statement read.Rollins said she viewed video of arrests where the use of police force was questionable, but did not say whether she is investigating whether the proper amount of force was used in those scenarios.

BOSTON —

Massachusetts' highest court gave Suffolk District Attorney Rachael Rollins a win Monday by supporting her in a dispute with a judge over charges against several counterprotesters who were arrested during a "straight pride" parade in the city on Labor Day weekend.

Judge Richard Sinnott had refused to accept the Commonwealth's request not to prosecute a defendant in one case and held their attorney in contempt of court for arguing case law in support of the state's position. Attorney Susan Church was handcuffed and sat in a jail cell for hours.

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In Monday's decision, however, Supreme Judicial Court Justice Frank Gaziano wrote that Sinnott had "no authority to 'deny' the Commonweath's entry of a nolle prosequi."

Rollins argued last week that Sinnott had overstepped his constitutional authority in refusing her request to drop charges against some counterprotesters charged with minor infractions like disorderly conduct. Gaziano, on behalf of the SJC, agreed.

"Here, the prosecutor, in the exercise of her constitutionally-guaranteed discretion, decided that the public's interests would best be served by dropping the charge of disorderly conduct against the defendant. Such a decision, in which a prosecutor decides how to allocate her limited resources, is made countless times every day in courthouses throughout the commonwealth. The entry of a nolle prosequi in this case hardly qualifies as a 'scandalous abuse of authority' warranting judicial intervention," Gaziano wrote.

The Suffolk County District Attorney's Office had asked for the dismissal of disorderly conduct and resisting arrest charges against some defendants in exchange for community service, but Sinnott denied the requests in several instances.

Rollins said Sinnott overstepped his role and promised to pursue other legal remedies to get the charges dropped.

"By compelling arraignment in every case, the judge punished the exercise of individuals' First Amendment right to protest," she said in a statement late Tuesday. "For those people now tangled in the criminal justice system for exercising their right to free speech -- many of whom had no prior criminal record -- I will use the legal process to remedy the judge's overstepping of his role."

Last week, Sinnott declined to comment on the dispute.

The court spat is the latest tussle between Boston's liberal prosecutor and the state's judicial and law enforcement community.

Shortly after being elected in November, Rollins, a Democrat, listed 15 nonviolent offenses her office would no longer prosecute, including drug possession, shoplifting and trespassing, because they lead to high incarceration rates among minorities.

The memo drew criticism from Republican Gov. Charlie Baker's administration, which said the approach could undermine efforts to address the national opioid epidemic and put some crime victims at risk.

Rollins also joined advocates for immigrants and another Massachusetts district attorney in successfully suing to prevent federal immigration agents from carrying out civil arrests in state courthouses.

All told, 36 people were arrested following the controversial parade, which was organized by a group calling itself "Super Happy Fun America" as a counterpoint to gay pride festivals.

The mile-long parade drew a few hundred participants and hundreds more counterprotesters. It featured floats supporting President Donald Trump and prominent gay conservative Milo Yiannopoulos as parade grand marshal.

The Boston Police Patrolmen's Association said some demonstrators assaulted officers and at least one person threw urine at them. Four officers are injured and off-the-job following the rally and parade, according to the union.

"Boston police officers are not happy," said Larry Calderone, the vice president of the union, in response to the high court's ruling. "It only puts police officers in more danger and it's insulting."

Rollins stressed that she is still pursuing charges against others facing for more serious offenses, including eight people who have assaulted police officers.

Some protesters claimed the police were too aggressive, as one man claimed he was put in a chokehold. Boston Police Commissioner William Gross released a statement Monday regarding the arrests.

"While much has been made about the actions taken by my officers during the Straight Pride Parade, let me say without hesitation that I could not be more proud or impressed with the high levels of restraint and professionalism displayed by my officers tasked with safeguarding and protecting all who either attended, participated or protested at the parade," part of the statement read.

Rollins said she viewed video of arrests where the use of police force was questionable, but did not say whether she is investigating whether the proper amount of force was used in those scenarios.